The Water Supply (Water Quality) Regulations 2016

Made: 26th May 2016

Laid before Parliament: 1st June 2016

Coming into force: 27th June 2016

The Secretary of State makes these Regulations in exercise of the powers conferred by—sections 67, 69, 77(3) and (4) and 213(2) of the Water Industry Act 1991 , andin relation to regulations 26, 31 and 33, section 2(2) of the European Communities Act 1972 .

The Secretary of State makes these Regulations in exercise of the powers conferred by—

sections 67, 69, 77(3) and (4) and 213(2) of the Water Industry Act 1991 , and

in relation to regulations 26, 31 and 33, section 2(2) of the European Communities Act 1972 .

The Secretary of State has been designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the environment .

PART 1 — General

Citation, commencement and application

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• (1) These Regulations may be cited as the Water Supply (Water Quality) Regulations 2016 and come into force on 27th June 2016 immediately after the commencement of the Private Water Supplies (England) Regulations 2016 .

• (2) Parts 1 to 9 and 11 of these Regulations apply in relation to the supply of water by every—

• (a) water undertaker whose area is not wholly or mainly in Wales;

• (b) water supply licensee so far as relating to licensed activities not using the supply system of a water undertaker whose area is wholly or mainly in Wales.

• (3) Part 10 of these Regulations applies to local authorities in England, as regards the discharge of functions under that Part, in relation to every—

• (a) water undertaker whose area is wholly in England;

• (b) water undertaker whose area is partly in England and partly in Wales, but only in respect of the part in England;

• (c) water supply licensee so far as relating to licensed activities not using the supply system situated in Wales of any water undertaker.

Interpretation

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• (1) In these Regulations—

• “the 2000 Regulations” means the Water Supply (Water Quality) Regulations 2000 ;

• “the Act” means the Water Industry Act 1991;

• “appropriate local authority” in relation to—a departure authorised under regulation 22,an application for any such authorisation, oran event specified in regulation 35(6),means a local authority whose area contains any part of the water supply zone to which the authorisation relates or, in the case of an application, would relate if a departure were authorised in the terms sought, or whose area is affected or is likely to be affected by the event;

• ...

• “blending point” means a point at which water originating from two or more sources and treated for the purposes of their supply for regulation 4(1) purposes is combined under conditions that are designed to secure that, after such combination, the requirements of regulation 4(2) are met;

• “Chapter 3” means Chapter 3 of Part 3 of the Act (quality and sufficiency of water supplies);

• ...

• ...

• “consumer” means a person to whom water is supplied for regulation 4(1) purposes by a relevant supplier in the discharge of its duties under Chapter 3;

• “disinfection” means a process of water treatment to remove or render harmless to human health every pathogenic micro-organism and pathogenic parasite that would otherwise be present in the water;

• “E. coli” means Escherichia coli;

• “groundwater” means water contained in underground strata, and section 221(3) of the Water Resources Act 1991 has effect for the purposes of this definition as it has effect for the purpose of construing references in that Act to water contained in underground strata;

• “indicative dose” (ID) means the committed effective dose for 1 year of ingestion resulting from all the radionuclides whose presence has been detected in a supply of water intended for human consumption, of natural and artificial origin, excluding tritium, potassium-40, radon and short-lived radon decay products;

• “indicator parameter” means a parameter listed in Schedule 2;

• “local authority” means any of the following—the Common Council of the City of London;a London Borough Council;a district council;the council of a county in which there are no district councils;

• “monitoring of a Group A parameter” has the meaning given in regulation 5(1);

• “monitoring of a Group B parameter” has the meaning given in regulation 5(3);

• “monitoring programme” means a programme for the identification of, and collection of data on, any substance or organism identified during a risk assessment to confirm compliance with the prescribed concentrations set out in Schedule 1 which—consists of either or both of the following—collection and analysis of discrete water samples;measurements recorded by a continuous monitoring process, andmay in addition consist of either or both of the following—inspections of records of the functionality, and maintenance status, of equipment;inspections of the catchment area, water abstraction, treatment, storage and distribution infrastructure;

• “National Public Health Service for Wales” means an NHS trust within the meaning of the National Health Service (Wales) Act 2006 if and insofar as it has the function of providing services in relation to public health in Wales;

• “NTU” means Nephelometric Turbidity Unit;

• “parameter” means a property, element, organism or substance listed in column 2 of Table A or of Table B in Schedule 1, or in Schedule 2, as read, where appropriate, with the notes to those Tables and to Schedule 2;

• “pesticides and related products” means any of the following, and includes their relevant metabolites, degradation and reaction products—organic insecticide;organic herbicide;organic fungicide;organic nematocide;organic acaricide;organic algicide;organic rodenticide;organic slimicide;any product related to any of (a) to (h) (including any growth regulator);

• “prescribed concentration or value”, in relation to any parameter, means the maximum or minimum concentration or value specified in relation to that parameter in Table A or in Table B in Schedule 1, as measured by reference to the unit of measurement so specified and as read where appropriate with the notes to those Tables;

• “Public Health England” means the executive agency of that name of the Department of Health and Social Care;

• “radioactive parameters” means the following indicator parameters listed in Schedule 2—indicative dose (item 8);radon (item 9);tritium (item 12);

• “regulation 4(1) purposes”, in relation to a supply of water, means a supply to premises—for such domestic purposes as consist in or include, cooking, drinking, food preparation or washing, orfor food production purposes ;

• “relevant supplier” means a water undertaker or water supply licensee;

• “retail licensee” means a person who is the holder of a water supply licence with a retail authorisation within the meaning of Schedule 2A to the Act;

• “sampling point”—in relation to water supplied from a distribution network, means a point, being a consumer's tap, that is selected for the purposes of Part 4 of these Regulations;in relation to water supplied from a tanker, means the point at which the water emerges from the tanker;

• “specification” in relation to an indicator parameter, means the concentration, value or state shown as applicable to that parameter in Schedule 2, as measured by reference to the unit of measurement so shown;

• “state”, in relation to an indicator parameter, means the state specified in relation to that parameter in Schedule 2, as measured by reference to the unit of measurement so specified;

• “suitably accredited body” means the Secretary of State or a person acting on behalf of the Secretary of State;

• “supply point” means a blending point, service reservoir, treatment works or other point, not being a sampling point, which the Secretary of State authorises under regulation 8, for the purposes of regulation 6;

• “supply system” is to be construed in accordance with section 17B(4A) of the Act ;

• “water of a relevant description” means water supplied by a relevant supplier which uses a supply system for the purposes of supplying water to consumers, being a supply system into which the water undertaker or wholesale licensee introduces water;

• “water supply zone” in relation to a water undertaker and a water supply licensee and a year, means an area designated for that year by the water undertaker in accordance with regulation 3;

• “wholesale licensee” means a person who is the holder of a water supply licence with a wholesale authorisation within the meaning of Schedule 2A to the Act;

• “year” means a calendar year.

• (2) In these Regulations a reference to an application or notice includes a reference to that application or notice in electronic form.

• (3) Subject to paragraph (4), references in these Regulations to a service reservoir are references to any structure ..., in which a reserve of water that has been treated with a view to complying with the requirements of regulation 4 is contained and stored for the sole purpose of meeting a variable demand for the supply of water.

• (4) Where references in these Regulations to a service reservoir would, but for this paragraph, include references to a structure comprising more than one compartment—

• (a) each compartment which has its own water inlet and water outlet and is not connected hydraulically to any other compartment is to be treated as a single service reservoir,

• (b) the compartments that are connected hydraulically are to be treated as a single service reservoir, and

• (c) unless all of the compartments are connected hydraulically, the structure as a whole is not to be treated as a service reservoir.

• (5) In these Regulations, a reference to an EU or Euratom Directive is to be read as if any reference in that Directive to one or more member States in a provision imposing an obligation on, or conferring a discretion on, a member State or member States were a reference to either the Secretary of State or local authority depending on which, immediately before exit day, was responsible for the United Kingdom's compliance with that obligation, or able to exercise that discretion, in respect of England or Wales.

PART 2 — Water supply zones

Water supply zones

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• (1) Before the beginning of each year in which it intends to supply water, a water undertaker must designate the name and areas within its area of supply that are to be its water supply zones for that year.

• (2) A water supply zone may not comprise an area whose population immediately before the beginning of the year in question is estimated by the water undertaker to exceed 100,000.

• (3) The water quality within a water supply zone must be approximately uniform.

• (4) A water undertaker may not vary a designation under paragraph (1) after the beginning of the year in relation to which the designation has effect.

PART 3 — Wholesomeness

Wholesomeness

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• (1) Water supplied to premises that is intended for human consumption including—

• (a) for such domestic purposes as consist in or include, cooking, drinking, food preparation or washing, or

• (b) for food production purposes,

is, subject to paragraphs (4) and (5), to be regarded as wholesome for the purposes of Chapter 3, as it applies to the supply of water for those purposes, if the requirements of paragraph (2) are satisfied.

• (2) The requirements of this paragraph are—

• (a) that the water does not contain—

• (i) any micro-organism (other than a parameter listed in Schedule 1) or parasite, or

• (ii) any substance (other than a parameter listed in Schedule 1),

at a concentration or value which would constitute a potential danger to human health;

• (b) that the water does not contain any substance (whether or not a parameter) at a concentration or value which, in conjunction with any other substance it contains (whether or not a parameter) would constitute a potential danger to human health;

• (c) that the water does not contain concentrations or values of the parameters listed in Tables A and B in Schedule 1 in excess of or, as the case may be, less than, the prescribed concentrations or values;

• (d) that the water satisfies the formula “[nitrate]/50 + [nitrite]/3 ≤ 1”, where the square brackets signify the concentrations in mg/1 for nitrate (NO₃) and nitrite (NO₂).

• (3) The point at which the requirements of paragraph (2), insofar as they relate to the parameters set out in Part I of Table A and in Table B in Schedule 1, are to be complied with is—

• (a) in the case of water supplied from a tanker, the point at which the water emerges from the tanker;

• (b) in the case of water supplied in bottles or containers, the point at which the water first emerges from any bottle or container collected from a local distribution point;

• (c) in the case of water used in a food production undertaking, the point at which it is used in the undertaking;

• (d) in any other case, the consumer's tap.

• (4) Water supplied for regulation 4(1) purposes must not be regarded as wholesome for the purposes of Chapter 3 if, on transfer from a treatment works for supply for those purposes—

• (a) it contains a concentration of the coliform bacteria or E. coli parameter (items 1 and 2 in Part II of Table A in Schedule 1) in excess of the prescribed concentrations,

• (b) it contains a concentration of nitrite in excess of 0.1mgNO₂/1.

• (5) Subject to paragraph (6), water supplied for regulation 4(1) purposes is not to be regarded as wholesome for the purposes of Chapter 3 if, on transfer from a service reservoir for supply for those purposes, it contains a concentration of the coliform bacteria or E. coli parameter in excess of the prescribed concentrations.

• (6) Water transferred from a service reservoir for supply for regulation 4(1) purposes is to be regarded as unwholesome if more than 5% of samples taken in a year exceed the prescribed concentration for the coliform bacteria parameter.

PART 4 — Monitoring of water supplies

Interpretation and application of Part 4

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• (1) In this Part, “monitoring of a Group A parameter” means monitoring of a Group A parameter for the purpose of obtaining information at regular intervals—

• (a) as to the organoleptic and microbiological quality of water;

• (b) where relevant, as to the effectiveness of drinking water treatment, particularly for the purposes of disinfection, for the purposes referred to in paragraph (2); and

• (c) as regards indicator parameters, whether water supplied for regulation 4(1) purposes meets the specifications for those parameters.

• (2) A Group A parameter must be monitored to determine whether its presence in water supplied for regulation 4(1) purposes satisfies the provisions of Part 3 or, if a departure has been authorised under Part 7 in relation to that supply, the provisions of Part 3 as read with the terms of that departure.

• (3) In this Part, “monitoring of a Group B parameter” means monitoring of a Group B parameter for the purpose of obtaining information from which it may be established whether water supplied for regulation 4(1) purposes—

• (a) satisfies the provisions of Part 3 or, if a departure has been authorised under Part 7 in relation to that supply, the provisions of Part 3 as read with the terms of that departure;

• (b) meets the specifications for indicator parameters;

• (c) in respect of other parameters identified as relevant by the Secretary of State under regulation 9, meets the specifications for those parameters.

• (4) This Part applies to water supplied for regulation 4(1) purposes by a relevant supplier in the performance of its duties under Chapter 3.

• (5) Regulations 6 to 10 apply to a wholesale licensee in relation to samples taken from supply points as they apply to a water undertaker, but only insofar as the wholesale licensee is introducing water into a water supply zone in which the water undertaker takes samples under this Part (to the extent authorised by or under regulation 8) from supply points.

• (6) In this regulation—

• “Group A parameter” means a parameter specified in column 2 of Table 1 in Schedule 3;

• “Group B parameter” means a parameter specified in column 2 of Table 2 or, as the case may be, Table 3 in Schedule 3.

Monitoring: general provisions

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• (1) Paragraph (2) applies for the purpose of determining whether water to which this Part applies satisfies the provisions of Part 3 or, if a departure has been authorised under Part 7 in relation to that supply, those provisions as read with the terms of that authorisation.

• (2) A water undertaker must take or cause to be taken, and analyse or cause to be analysed, not less than the number of samples of the water within each of the water supply zones which it supplies specified in, or in accordance with the provisions of, this Part and Schedule 3.

• (3) Except in a case to which paragraph (16) applies, the parameters listed in Tables A and B in Schedule 1 and the indicator parameters must be subject to—

• (a) monitoring of a Group A parameter if the parameter is one listed in column 2 of Table 1 in Schedule 3 and the circumstances specified in column 3 of that Table apply;

• (b) monitoring of a Group B parameter in any other case.

• (4) In the application of paragraph (3)(b) to the aluminium, ..., iron and manganese parameters (items 1, 9 and 10 in Table 1 in Schedule 3), a supply which consists of both groundwater and surface water is deemed to be a supply which consists only of surface water.

• (5) Compliance samples for chemical parameters including copper, lead and nickel must take the form of a random daytime sample of one litre volume taken at a consumer’s tap without prior flushing.

• (6) Paragraphs (7) to (15) apply to the radioactive parameters.

• (7) As regards the indicative dose parameter—